MYTHS about Photography. Rumors spread quickly. Facts take longer—but they matter more.
- West Winds HOA
- 2 days ago
- 7 min read
Board Approved for Public Sharing: Copy of Email Message sent to West Winds HOA Members on November 26, 2025
West Winds HOA Community Update
Setting the Record Straight and Moving Forward Together
November 26, 2025
Subject: MYTHS Photography. Rumors spread quickly - Facts take longer, but they matter more
Neighbors,
Over the past several weeks, the Board has become aware of a series of false and harmful statements circulating within the community—specifically targeting our HOA President, Kitch. These demonstrably false claims allege that he, other volunteers, or other community members associated with the HOA have been “stalking” residents, “taking unauthorized photos,” and even photographing children.
These accusations are unequivocally not true, and the Board feels obligated to address them openly and responsibly.
We want to speak plainly:
FACT: No Board member—including Kitch—has engaged in stalking, inappropriate photography, or misconduct of any kind.
None. Full stop.
Unfortunately, the recent rumors have gone far beyond misunderstanding. They have crossed into personal and defamatory territory—suggesting predatory behavior where none exists. These kinds of accusations are not only hurtful; they have real-world consequences. They harm reputations, strain neighborly trust, and distract from the work volunteers are trying to do for the benefit of the association.
We also want to acknowledge something important:
These kinds of false claims—especially those involving children—diminish the experiences of real victims in the world. Carelessly using terms like “stalker,” “creeper,” or “predator” diminishes the very real experiences of actual victims. When such labels are thrown around loosely, it weakens the seriousness of these words and makes it harder for genuine victims to be heard, believed, and supported. Our HOA, like any community, should stand firmly against that kind of harm.
However, what we cannot allow is the continued spreading of false statements that damage the dignity of neighbors who volunteer their time to serve this community. We kindly ask everyone to help restore a spirit of mutual respect and good faith. West Winds is a strong and proud neighborhood, and we believe most residents want to work together—not tear each other down.
A Concerning Pattern
In recent weeks, the Board has also noticed a troubling trend:
Some residents have begun using their home security cameras to film people— including Board members and volunteers—walking by their properties on public sidewalks, open-to-the-public spaces, or driving by on public streets. These images have then been posted online, featuring named people, with captions implying "unlawful," “creepy,” “suspicious,” or “lurking” behavior or activity. This is occurring while the same individuals simultaneously claim that photographing their visible property conditions is “stalking.”
The reality: Using your security cameras to surveil and post images of people going about lawful activities—especially when combined with false accusations—is far more invasive than photographing a fence, boat, garbage can, or unmaintained lawn from a public sidewalk or park.
There is a clear contradiction here, and it highlights a deeper issue.
A Revealing Trend
Some of the homeowners making the harshest and most defamatory accusations about Board members or others taking photos are often the same individuals who are in violation of the CC&Rs. Rather than addressing their violations, they attempt to undermine the enforcement process by attacking the people fulfilling their responsibilities.
This is a well-known tactic:
When you cannot defend a violation on its merits, you attack the legitimacy of enforcement. When a boat has been parked in a driveway for months, a trailer is blocking a sidewalk, structures are built into an HOA-managed open space, a boulevard is unmaintained or missing trees, or an unapproved structure has gone up—some people try to deflect attention by calling documentation “illegal” or “creepy.”
But what we are seeing now goes beyond simple deflection. It appears to be a coordinated effort to:
Discourage Board members from doing their jobs
Create chaos and distrust within the community
Pressure neighbors into supporting the removal of the Board
Avoid correcting clear CC&R violations
Undermine the governing documents that every homeowner agreed to follow
Cause harm and damage to the personal and professional reputation of volunteer board members
Jeopardize the health, safety, and security of HOA volunteers
The Board will not be deterred by these tactics. Every homeowner agreed to abide by the CC&Rs when they purchased their home in West Winds. Harassing volunteers, spreading false claims, posting surveillance footage of Board members, or pushing petitions based on untrue accusations does not excuse violations and will not stop legitimate enforcement.
Setting the Record Straight
Understanding HOA Documentation Practices
As most of you know, Board members and compliance volunteers document property conditions, landscaping issues, stormwater facility maintenance, covenant violations, and other HOA responsibilities, all of which are lawful and consistent with standard HOA industry best practices.
When photos are taken, they are of conditions and structures, not people. And on the rare occasion someone appears in the background, that individual is not the subject of the image, nor is any photo used for anything other than legitimate HOA business.
On May 22, 2025, the Board adopted a formal photography policy that governs these practices. Key points include:
All documentation is conducted from public areas—streets, sidewalks, and public rights-of-way—in accordance with Montana privacy & trespass law.
When photos are taken, they are of conditions and structures, not people.
When residents are visible in an image, they are not the subject of documentation, nor is any image used for anything other than official Board work.
This practice is both legally permissible and necessary for the Board to fulfill its fiduciary duties to the community.
Important clarification on "private property" claims: Lot owners sometimes claim people are photographing their "private property" without consent. However, photography is being conducted from public spaces (streets, sidewalks, parks), documenting conditions that are visible to anyone. Under Montana law, there is no reasonable expectation of privacy for property conditions visible from public areas. This is the same principle as how Google Street View photographs properties, real estate listings show homes, or neighbors can see your front yard while walking by.
To be absolutely clear:
No one is photographing children. Our internal policy explicitly requires avoiding identifiable individuals whenever reasonably possible.
No one is entering or photographing from within private property without consent. All documentation is taken from public areas or from visible exterior conditions.
Enforcement is not selective. The Board processes all reported violations using objective criteria and follows the same procedure for everyone.
These circulating accusations are false and coordinated. They are designed to mislead homeowners into undermining the lawful governance of a properly functioning HOA.
The Problem with False Accusations
When owners post online and spread claims that "they know" or infer what a named person is doing with a phone in their hand and suggest it's malicious, intimidating, creepy, or harassing—without any material evidence—they are:
Making defamatory statements that damage reputations
Spreading false accusations about people's intentions and actions
Creating a hostile environment for volunteers or other community members
Attempting to intimidate Board members and volunteers into stopping legitimate enforcement
Deflecting from their own violations by attacking those who document them
This is unacceptable.
Our Commitment to Transparency
As a Board, we are committed to transparency, professionalism, and fairness. If any resident ever has a question about how HOA business is conducted—including how documentation or inspections are handled—we encourage you to reach out directly. A conversation goes a long way, and we are always willing to explain our processes, answer questions, or clear up misunderstandings.
Getting Accurate Information
Before accepting or sharing claims about Board practices, we encourage all members to verify information through official channels:
HOA Website: www.westwindshoabozeman.org
PayHOA Portal: Access governing documents, financial reports, and official communications
Direct Contact: Reach out to the Board member or attend a Board meeting
Rumors spread quickly. Facts take longer—but they matter more.
Thank you to the many neighbors who have reached out with support, patience, documentation, and understanding. Let’s continue building a neighborhood where concerns are addressed honestly, disagreements remain civil, and rumors never take the place of real conversation.
With appreciation,
Sincerely,
Kitch Walker, President
John Stelly, Vice President
Linda Racicot, Treasurer
Mandee Arnold, Secretary
Dillon Fatouros, Assistant Secretary
The Board of Directors & Officers
West Winds Master Homeowners’ Association, Inc.
FACTS: HOW THE HOA DOCUMENTS COMPLIANCE
The HOA uses multiple lawful methods to identify and document violations:
1. Visual observations & documentation from public areas
Public parks, streets, sidewalks, HOA common spaces
Where no privacy expectation exists under Montana law
Taken by Board members, volunteers, or authorized agents
Active neighborhood walking: Board members and compliance volunteers regularly and randomly walk through the neighborhood observing visible conditions from public areas and submit documented violations for Board review and processing
Pattern documentation: Volunteers often document visible violations over time to ensure violation notices include evidence that a persistent and lasting pattern of non-compliance exists (not just a one-time occurrence)
Urgent exceptions: When a violation requires immediate attention due to safety or severity (such as unsafe bonfires, vehicles blocking right-of-ways, operating vehicles in common areas, or prohibited parking on private alleyways preventing snow removal), documentation and prioritization are more immediate and timely
Important clarification on "private property" claims: Lot owners sometimes claim people are photographing their "private property" without consent. However, photography is being conducted from public spaces (streets, sidewalks, parks) documenting conditions that are visible to anyone.
Under Montana law, there is no reasonable expectation of privacy for property conditions visible from public areas. This is the same principle as how Google Street View photographs properties, real estate listings show homes, or neighbors can see your front yard while walking by.
2. Member-submitted reports and complaints
Concerned neighbors reporting violations they observe
Any homeowner can report visible violations
All reports are investigated and verified
3. Publicly available imagery
Google Maps and Google Street View
Real estate listings and public records
Other publicly accessible sources
A combined community effort: Enforcement is not just "the Board" but a combined effort of:
HOA fiduciary duties: Board members and volunteers actively fulfilling their obligation to enforce CC&Rs
Concerned neighbors: Community members submitting reported violations
Verification process: All reports reviewed and processed by the Board using objective criteria
Processing all reports fairly: Whether documented and reported by a Board member, volunteer, or homeowner, all alleged violations are processed, prioritized, and noticed to owners based on objective criteria established in the Board's May 22, 2025 policy (including health and safety risks, severity, visibility, recurrence, timing, and overall community impact).
Verification of cures: Compliance volunteers or Board members may also inspect and document properties with active violations to verify that lot owners' claims of correction are accurate. This ensures violations are properly resolved before being closed in our system.
Important: The Board does not create violations—it responds to and verifies reported conditions using these lawful documentation methods. Many violations reported to the Board come from homeowner complaints, not Board-initiated observations.
This is standard HOA practice nationwide and is now official West Winds policy backed by Montana law and our governing documents.
